Written Answers Thursday 16 August 2007

Scottish Executive

Corporate Homicide Act 2007

Karen Gillon (Clydesdale) (Lab): To ask the Scottish Executive whether it believes that the Corporate Manslaughter and Corporate Homicide Act 2007 will close a loophole in Scots Law following the Transco appeal court judgment.

Kenny MacAskill: The Scottish Government welcomes the Corporate Manslaughter and Corporate Homicide Act 2007 and we are now focused on working closely with the UK Government to support its successful implementation in Scotland. We consider that this legislation addresses the identification problem identified by the Transco case. It also sends a robust message to organisations that failures to meet their duty of care to employees and the public will not be tolerated.

Education

Hugh O'Donnell (Central Scotland) (LD): To ask the Scottish Executive, further to the answer to question S3W-1556 by Maureen Watt on 17 July 2007, when it intends to implement direct support to schools and communities through the Respect me national anti-bullying service.

Maureen Watt: Respect me was launched in March 2007 and is currently establishing and delivering its services. Advice and training is available now to schools and communities, advice is also available via the Respect me website. Respect me has already provided direct support including advice and training to a number of school staff as well as probationary teachers and residential care staff.

Education

Hugh O'Donnell (Central Scotland) (LD): To ask the Scottish Executive, further to the answer to question S3W-1556 by Maureen Watt on 17 July 2007, when it plans to look at new forms of bullying including text and cyber bullying.

Maureen Watt: The Scottish Executive has already considered the misuse of mobile phones in schools and has provided guidance to authorities to support them to promote responsible use of mobile phones.

  In addition, the Executive currently funds Repectme, the national anti-bullying service for Scotland. One of Respectme’s main objectives is to look at all forms of bullying including new forms of text and cyber bullying. The service already has guidance for practitioners and parents on cyber bullying. This year’s national anti-bullying competition will raise awareness of these forms of bullying. It is expected that the competition will be held in November.

Education

Hugh O'Donnell (Central Scotland) (LD): To ask the Scottish Executive, further to the answer to question SW3-1554 by Maureen Watt on 17 July 2007, how much funding it provides to the ChildLine Anti-Bullying Helpline and how long that funding will continue.

Maureen Watt: The Scottish Executive has provided funding for the ChildLine Bullying Helpline since 1997. In 2006-07, the Executive provided £148,000, and a further £76,000 will be provided to the end of the funding period in September 2007.

  ChildLine Scotland is currently developing a bid for further funding which will be considered by the Executive.

Finance

Jim Tolson (Dunfermline West) (LD): To ask the Scottish Executive how many individual insolvencies have been registered in each year since 1999, broken down by age.

Fergus Ewing: The Accountant in Bankruptcy maintains the Register of Insolvencies in Scotland. Details of bankruptcies and Protected Trust Deeds are compiled by financial year. Partnerships and other unincorporated associations, which are declared bankrupt in Scotland, are registered as personal bankruptcies under Scottish law. Figures on these are not available separately from other personal bankruptcies.

  The Accountant in Bankruptcy maintains the Debt Arrangement Scheme Register which records the number of approved debt payment programmes made under The Debt Arrangement and Attachment (Scotland) Act 2002, which came into force on 30 November 2004.

  The following table gives the number of bankruptcies and Protected Trust Deeds for the financial years 1999-2000 to 2006-07 and the number of debt payment programmes from 30 November 2004.

  

Financial Year
Number of Bankruptcies in Scotland
Number of Protected Trust Deeds in Scotland
Number of Approved Debt Payment Programmes


1999-2000
3,110
2,353
 


2000-01
3,185
2,946
 


2001-02
3,193
4,011
 


2002-03
3,228
5,363
 


2003-04
3,309
5,669
 


2004-05
3,521
6,141
1


2005-06
5,423
7,199
149


2006-07
5,879
8,299
113



  Source: Accountant in Bankruptcy.

  Details of the age of the debtor are not required as part of the registration process for Trust Deeds, therefore, a breakdown by age is not available for Protected Trust Deeds registered in Scotland since 1999.

  The following table shows the number of bankruptcies, broken down by the debtor’s age at the date they became bankrupt, in each year since 2002-03. The information requested on bankruptcies registered between 1999 and 2002 could only be obtained at a disproportionate cost as the debtor’s age is held only on a case by case basis.

  The age of the debtor is not held for every case as it is not required for the Register of Insolvencies. Information is only recorded where the Accountant in Bankruptcy is the trustee and the debtor has provided their date of birth. Partnerships and other unincorporated associations that are registered bankrupt will not have an age classification.

  

Age
The Number of Bankruptcies in Scotland


2002-03
2003-04
2004-05
2005-06
2006-07


Under 25
94
98
79
182
157


25-34
697
689
618
1,031
961


34-44
1,033
987
1,012
1,646
1,671


45-54
608
644
649
1,146
1,197


55-64
231
311
289
438
503


65 and over
60
54
46
77
105


Not known - AiB not trustee
365
350
326
693
850


Not known- other
140
176
502
210
435


Total
3,228
3,309
3,521
5,423
5,879



  Source: Accountant in Bankruptcy.

  The following table shows the number of debt payment programmes, broken down by the debtor’s age at the date they applied, in each year since 2004-05.

  Debt Payment Programme Applications received by AiB

  

Age
2004-05
2005-06
2006-07


Under 25
0
5
5


25-34
0
21
20


35-44
0
53
31


45-54
1
46
34


55-64
0
11
16


65 and Over
0
13
7



  Source: Accountant in Bankruptcy.

Fire Service

Jamie Hepburn (Central Scotland) (SNP): To ask the Scottish Executive how many personnel have been employed by each fire and rescue service or predecessor body in each year since 1990.

Fergus Ewing: The information relating to firefighters and control room staff is given in the tables Establishment and Strengths of Fire Brigades 1990 – 2006 . A copy of which is available in the Scottish Parliament Information Centre (Bib. number 43394). Information for support staff is not held centrally.

Flood Prevention

Jim Tolson (Dunfermline West) (LD): To ask the Scottish Executive whether more funding will be available to improve and repair flood protection schemes in a timely manner.

Michael Russell: The Executive is committed to helping local authorities increase protection for vulnerable communities affected by flooding through investment in flood alleviation measures and defences. A total of £42 million has been made available to local authorities for the period 2007-08 to support their flood prevention and coast protection programmes.

  The Executive is examining all funding for future years as part of the spending review process. This includes support for local authorities’ flood prevention and coast protection programmes.

Flood Prevention

John Lamont (Roxburgh and Berwickshire) (Con): To ask the Scottish Executive, further to the answer to question S3W-1653 by Michael Russell on 24 July 2007, which local authorities have applied for financial support for flood prevention schemes for the period 2006-2008.

Michael Russell: For the period 2006-07 the following local authorities have applied for and been granted financial support for flood prevention schemes;

  Argyll and Bute Council

  Dumfries and Galloway Council

  City of Edinburgh Council

  East Ayrshire Council

  East Dunbartonshire Council

  Fife Council

  City of Glasgow Council

  Moray Council

  Perth and Kinross Council

  South Lanarkshire Council

  West Lothian Council.

Justice

Brian Adam (Aberdeen North) (SNP): To ask the Scottish Executive, further to the answer to question S2W-14084 by Cathy Jamieson on 14 February 2005, whether it will consider collecting data on motoring and speeding offences committed by foreign nationals.

Kenny MacAskill: There are no plans at present to expand the data collections to gather information on the nationality of perpetrators.

Justice

Margaret Curran (Glasgow Baillieston) (Lab): To ask the Scottish Executive whether it will increase resources for criminal justice social work and, if so, when and whether this will be guaranteed in the 2007 spending review.

Kenny MacAskill: I refer the member to the answer to question S3W-1044 on 25 June 2007. All answers to written parliamentary questions are available on the Parliament’s website the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search .

Justice

Margaret Curran (Glasgow Baillieston) (Lab): To ask the Scottish Executive, further to the answer to question S3W-1960 by Kenny MacAskill on 5 July 2007, what the timetables for the reviews are; who is involved in the reviews and whether it will seek to involve parliamentary committees in the process.

Kenny MacAskill: Details of the current position on the reviews of antisocial behaviour strategy and community sentences are set out in the following table. We propose that the review on retention of DNA will consider options for enhancing the operational effectiveness of provisions governing the destruction of DNA data in specific circumstances. Reflecting the scope of this review, we intend limited consultation with key stakeholders and that the review should be completed at an early date. I have written to the Convenor of the Justice Committee with the information contained in this answer.

  Review of Antisocial Behaviour Strategy

  

Remit
Consultation with Outside Bodies
timescale


To undertake a wide-ranging review of the Executive’s antisocial behaviour strategy to see where it can be improved and strengthened and to ensure greater community involvement.Antisocial Behaviour Act (2004) requires studies to be undertaken of operation of Antisocial Behaviour Orders and Dispersal Orders and reports to be laid before Parliament by October 2007.
Scope and scale of review to be decided by Ministers. Consultation will include local authorities and police.
Between 6-12 months depending on scope and scale.



  Review of Community Sentences

  

Remit
Consultation with Outside Bodies
Timescale


To consider the effectiveness of community penalties in Scotland, with a view to reforming and revitalise these important interventions, ensuring that they are:credible and effective;targeted – so that they tackle criminal behaviour effectively;designed to protect the public, andsupport the rehabilitation of the offender.
In order to ensure that the review takes account of a broad range of views on the topic of community penalties, a range of meetings and discussions were arranged with:The National Advisory Body on Offender Management;the Association of Directors of Social Work;the Convention of Scottish Local Authorities;key voluntary sector service providers including Turning Point, Phoenix Futures, NCH Scotland, Include and Barnardos Scotland;academics including researchers from the Scottish Centre for Crime and Justice Research and the universities of Edinburgh and Strathclyde;selected interest groups including the Howard League, the Scottish Association for the Study of Offenders, Scottish Consortium on Crime and the Airborne Initiative;Community Justice Authorities Chief Officers;Community Justice Authorities Conveners;criminal justice etc. agencies - the Scottish Court Service, Crown Office and Procurator Fiscal Service, the Scottish Prison Service and the Social Work Services Inspection Agency;representatives from health/employment/training and housing bodies, andCommunity Service Supervisors and managers.There will also be a short series of focus groups with members of the public which will seek to gauge the level of public awareness of community penalties, their use and their impact.
The output from this stage of the review will be available in the autumn, allowing the government to bring forward a number of options for improvement. We will ensure that the Committee are kept informed of developments.

Marine Environment

Robin Harper (Lothians) (Green): To ask the Scottish Executive what consultation it has had with Scottish Natural Heritage (SNH) regarding proposals for ship-to-ship transfers of oil and oil products in the Firth of Forth; whether it considers it necessary to further consult SNH in exercising the Scottish Ministers’ functions under paragraphs (1) to (6) of regulation 48A of the Conservation (Natural Habitats &c.) Regulations 1994 (as amended) in relation to Firth of Forth cargo transfers, and whether it plans to consult any other bodies or the general public on the issue.

Richard Lochhead: There is regular contact between officials of the Scottish Executive and Scottish Natural Heritage (SNH) on a wide range of issues. I understand that SNH has provided advice to Forth Ports to assist in their consideration of the proposed transfers. The legislative position on ship to ship proposals is outlined in the answer to question S3W-1841 on 15 August 2007.

  All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search.

Prison Service

Margaret Smith (Edinburgh West) (LD): To ask the Scottish Executive how many accidents involving prisoner transport vehicles have resulted in (a) injury, (b) serious injury and (c) fatality to prisoners in the last five years.

Kenny MacAskill: I have asked Mike Ewart, Chief Executive of the Scottish Prison Service to respond. His response is as follows:

  Two prisoners received minor injuries following accidents in 2003-04. Responsibility for the escorting of prisoners was contracted out to Reliance Custodial Services in April 2004. Six prisoners have received minor injuries following accidents in escorts carried out by them. There have been no incidents resulting in prisoners being seriously injured and no fatalities.

Prison Service

Margaret Smith (Edinburgh West) (LD): To ask the Scottish Executive how many accidents in the last five years have involved prisoner transport vehicles operated by private companies.

Kenny MacAskill: I have asked Mike Ewart, Chief Executive of the Scottish Prison Service to respond. His response is as follows:

  Responsibility for escorting prisoners was contracted to Reliance Custodial Services in April 2004. There have been 54 Road Traffic Accidents since the contract came into operation.

Prison Service

Margaret Smith (Edinburgh West) (LD): To ask the Scottish Executive how many accidents involving prisoner transport vehicles have occurred in each of the last five years.

Kenny MacAskill: I have asked Mike Ewart, Chief Executive of the Scottish Prison Service to respond. His response is as follows:

  The information is as follows:

  

Year
Number Involving SPS Vehicles


2003-04
11


2004-05
15


2005-06
5


2006-07
5


2007-08 (to date)
2



  

Year
Number Involving RCS Vehicles


2004
3


2005
11


2006
26


2007 (to date)
14

Prison Service

Margaret Smith (Edinburgh West) (LD): To ask the Scottish Executive what assessment it has made of the merits of introducing compulsory seat belts in prisoner transport vehicles for prisoners in transit.

Kenny MacAskill: I have asked Mike Ewart, Chief Executive of the Scottish Prison Service to respond. His response is as follows:

  Reliance Custodial Services’ view is that the fitting of seat belts in celluar vehicles would have the potential to provide ligature points which could lead to prisoners injury or death.

  No formal assessment has been carried out, however, with 550,000 prisoner movements undertaken by Reliance over the past three years we have had no serious injury or fatalities and only six minor injuries. This matter will be kept under review.

Prison Service

Margaret Smith (Edinburgh West) (LD): To ask the Scottish Executive how many prisoner transport vehicles have seat belts for prisoners.

Kenny MacAskill: I have asked Mike Ewart, Chief Executive of the Scottish Prison Service (SPS) to respond. His response is as follows:

  Reliance Custodial Services cellular vehicles are not fitted with seat belts. They also have six non-cellular vehicles and these are fitted with seatbelts.

  The SPS do not use cellular vehicles and have 39 vehicles that are used to transport prisoners. All are fitted with seat belts.

Prison Service

Margaret Smith (Edinburgh West) (LD): To ask the Scottish Executive what average distances prisoners travelled in prisoner transport vehicles (a) while on remand and (b) post-sentence in the last 12 months.

Kenny MacAskill: I have asked Mike Ewart, Chief Executive of the Scottish Prison Service to respond. His response is as follows:

  This information is not available.

Prison Service

Margaret Curran (Glasgow Baillieston) (Lab): To ask the Scottish Executive when and how it plans to reform and revitalise community sentences, as announced by the Cabinet Secretary for Justice on 6 June 2007, and what assessment has been made of the impact this will have on prison numbers.

Kenny MacAskill: The Scottish Executive has met a wide range of organisations over the summer about its plans to reform and revitalise community sentences. This work includes examining the case for any new sentences as well as building confidence in the use of existing measures. The next step will be to bring forward a set of proposals in the autumn.

  Until the work is complete, it is not possible to assess the possible impact on prison numbers.

Prison Service

Margaret Curran (Glasgow Baillieston) (Lab): To ask the Scottish Executive, further to the answer to question S3W-1041 by Kenny MacAskill on 14 June 2007, whether it plans to implement an SNP Manifesto commitment to move £35 million from the prison budget to fund community sentences and, if so, whether this will be guaranteed in the 2007 spending review.

Kenny MacAskill: The 2007 Spending Review will determine the financial settlement for the Scottish Prison Service and for local authority criminal justice social work for the three years commencing next April. Decisions will be announced to the Parliament when that exercise is concluded.

School Transport

Hugh O'Donnell (Central Scotland) (LD): To ask the Scottish Executive, further to the answer to question S3W-1560 by Maureen Watt on 10 July 2007, who monitors compliance by local authorities in relation to adult supervision on contract buses used to transport children to and from school.

Maureen Watt: Education authorities are responsible for provision of school transport and for setting the terms and conditions of any contracts to provide school buses. It is for authorities themselves to monitor contract performance, including adult supervision, where they have made it part of the contract.

School Transport

Hugh O'Donnell (Central Scotland) (LD): To ask the Scottish Executive, further to the answer to question S3W-1560 by Maureen Watt on 10 July 2007, who monitors compliance by local authorities in relation to the quality and safety of contract buses used to transport children to and from schools.

Maureen Watt: Education authorities are responsible for provision of school transport and for setting the terms and conditions of any contracts to provide school buses. It is for authorities themselves to monitor contract performance, assisted as appropriate by the police and the Vehicle and Operator Services Agency where the roadworthiness and safety of the vehicles, in compliance with road traffic legislation, are concerned.

Sectarianism

Margaret Curran (Glasgow Baillieston) (Lab): To ask the Scottish Executive which Cabinet Secretary has specific responsibility for sectarianism.

Kenny MacAskill: The Cabinet Secretary for Justice has overall lead responsibility for the co-ordination of the government’s drive to tackle sectarianism in Scotland. Individual Cabinet Secretaries retain responsibility for the initiatives which are being taken forward in relation to their own portfolio areas.

Sectarianism

Margaret Curran (Glasgow Baillieston) (Lab): To ask the Scottish Executive what measures it will take specifically to tackle religious intolerance in Scotland.

Margaret Curran (Glasgow Baillieston) (Lab): To ask the Scottish Executive whether it regards religious intolerance as an issue facing Scotland.

Margaret Curran (Glasgow Baillieston) (Lab): To ask the Scottish Executive whether it considers tackling religious intolerance a priority.

Fergus Ewing: The Scottish Executive takes the issue of religious intolerance very seriously and is committed to achieving a Scotland free from bigotry, intolerance and religious discrimination. Working at both government and community level we will engage with all faith communities to build forums for positive engagement and ensure that needs of the diverse minority communities which make up modern Scotland are being heard and understood.

Sectarianism

Bill Butler (Glasgow Anniesland) (Lab): To ask the Scottish Executive how it will encourage anti-sectarian project work in schools.

Maureen Watt: The Executive has announced a £100,000 fund to support anti-sectarian project work in schools. Education Authorities are currently working with schools to submit funding bids.

Sex Offenders

Karen Gillon (Clydesdale) (Lab): To ask the Scottish Executive what plans it has to review the law in relation to child sex offenders.

Kenny MacAskill: The law in relation to child sex offenders is kept under review as part of the Scottish Government’s sex offender strategy, and we will continue to take whatever further steps are necessary and appropriate to improve public protection.

  Scotland has developed a coherent framework of legal measures, initiatives and programmes to improve the monitoring and management of sex offenders, to enhance public protection and community safety - particularly for our children.

  We now have a strong commitment across Parliament to protect our communities from sex offenders. That work has been assisted by a range of experts including Professor Irving and more recently the Justice 2 Sub-Committee.

  The Scottish Law Commission is currently undertaking a review of the law on rape and sexual offences in Scotland, including sexual offences against children. The commission is expected to submit its final report to the Scottish ministers later this year. We will determine how best to take forward the Scottish Law Commission’s work when we receive their report and draft bill.